4th Circuit Narrows 28 USC § 1920(4) Taxation of Common eDiscovery Costs

The Fourth Circuit confirms that while certain costs of ESI copying for discovery are taxable under Rule 54(d)(1), the taxable costs in a plain vanilla ESI production do not include the underlying ESI processing costs. The impact of this will often be substantial—the prevailing party in the case sought $101,858 in ESI-related costs—the court awarded … Continue reading 4th Circuit Narrows 28 USC § 1920(4) Taxation of Common eDiscovery Costs

FRCP Rule 45 Amendments Take Effect on December 1, 2013

On December 1, 2013, amended Rule 45 will become part of the Federal Rules of Civil Procedure. This will introduce fairly significant changes in the procedures for obtaining third-party discovery.  The biggest changes concern third-party subpoenas, both for depositions and for production of documents. In the Rocket Docket, we often face the situation where discovery … Continue reading FRCP Rule 45 Amendments Take Effect on December 1, 2013

The Form 52 Report: An Often Overlooked Opportunity to Avoid or Resolve Discovery Issues

The Form 52 Report is an often overlooked opportunity to avoid or resolve discovery issues in the early stages of a federal lawsuit.  The Report and the subsequent Rule 16(b) Scheduling Order have added importance in the Eastern District of Virginia where discovery closes only 16-18 weeks after commencement. Most attorneys (even seasoned litigators) when … Continue reading The Form 52 Report: An Often Overlooked Opportunity to Avoid or Resolve Discovery Issues

Extension of Traffic Stops Requires a Reasonable Articulation of Suspicion in the Eastern District of Virginia

The reasonableness of the extension of a traffic stop to search the vehicle or its occupants must be considered when defending criminal charges arising from the traffic stop.  The judges of the Eastern District have long required law enforcement to articulate a reasonable suspicion of wrongdoing before their extension of traffic stops can pass legal … Continue reading Extension of Traffic Stops Requires a Reasonable Articulation of Suspicion in the Eastern District of Virginia

An Outsider’s Guide to the Manafort Cases

The Friday morning press congregation outside the Alexandria EDVa Courthouse will likely continue as United States v. Paul J. Manafort, Jr. moves towards its July 10, 2018 trial date in Judge Ellis’ courtroom. The Court heard arguments on Manafort’s Motion to Dismiss the Indictment on May 4, 2018. The parties will be back before Judge … Continue reading An Outsider’s Guide to the Manafort Cases

“Teaming Agreements” Must Be Carefully Written

In a recent blow to a common tactic of small- and medium-sized companies attempting to do business as subcontractors on federal government contracts, Judge James C. Cacheris of the U.S. District Court for the Eastern District of Virginia ruled that a Teaming Agreement between a prime-contractor and its former sub-contractor was too vague and indefinite … Continue reading “Teaming Agreements” Must Be Carefully Written

“Badges of Fraud” Make a Prima Facie Case of Fraudulent Conveyance

In McCarthy v. Giron, the Judge Gerald Bruce Lee of the U.S. District Court for the Eastern District of Virginia considered what is necessary to establish a prima facie case of fraudulent conveyance. The Court recognized several facts and circumstances commonly referred to as “badges of fraud” which, if established, create a prima facie case of … Continue reading “Badges of Fraud” Make a Prima Facie Case of Fraudulent Conveyance

EDVA Tightens Reins on Punitive Damages

In an opinion released on July 14th, Judge James C. Cacheris used a motion to dismiss to carve back a plaintiff’s personal injury claim for punitive damages under Virginia state law.  In granting the motion to dismiss, the judge held that punitive damages are only available for “willful and wanton conduct,” not for negligent conduct.  … Continue reading EDVA Tightens Reins on Punitive Damages

Government Official’s “Personal” Facebook Page is a Public Forum under First Amendment

In what will likely be one of his last opinions before retiring from the Eastern District of Virginia bench, Judge James C. Cacheris authored an important decision applying traditional free speech principles to a local government official’s Facebook page.  This opinion provides important guidance regarding an official’s ability to regulate speech in the emerging digital … Continue reading Government Official’s “Personal” Facebook Page is a Public Forum under First Amendment

Timing is Critical when Asserting Trade Secrets and Business Conspiracy Claims in Virginia Courts

In a recent case, Judge James C. Cacheris of the Alexandria Division of the U.S. District Court for the Eastern District of Virginia issued an opinion that clarified the preemption provision of the Virginia Uniform Trade Secrets Act.  This opinion is useful guidance to commercial litigators in Virginia. In MicroStrategy Servs. Corp. v. OpenRisk, LLC, No. … Continue reading Timing is Critical when Asserting Trade Secrets and Business Conspiracy Claims in Virginia Courts